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FEDERAL AND STATE FOREST LAWS.

EXPLANATORY REMARKS.

Attention is particularly called to the fact that this bulletin is not prepared as a text-book. The legislation which comprises its subjectmatter is likely to be extensively modified and added to in the near future; and the demand for information on forest law, caused by the imminence of such change, has necessitated the preparation of this bulletin without the completeness which is desirable in a work of this kind. The bulletin is meant especially to help the Federal and State officials who deal with forest questions, as well as that great body of laymen who wish to inform themselves generally concerning the status of forest legislation. By issuing supplements to this bulletin containing new Federal and State laws the publication can be kept abreast of legislative movement until a careful revision of the entire subject seems desirable.

The laws, and excerpts from them, are printed verbatim in most instances. The exceptions to this are of two classes: First, when any law has been definitely amended by later acts, it is written as thus amended, with the use of as few extra words as can possibly be made to fit the amending matter into its place. In such cases the nature of the revision and the exact method are indicated both in the marginal notes and in an appended explanatory note. Second, when a law or any part of it is evidently unimportant, or but slightly connected with forest questions, it is cited in a note, with brief suggestions of the nature and bearing of its contents. The reader who wishes to go into the matter more fully is referred to the original source of the law. Laws definitely repealed or evidently superseded have been omitted; but, when there is doubt whether one law supersedes another, both are printed and a note added explaining the reason for seeming duplication of statutory provision.

Besides the notes giving brief hints at the contents of cited acts, there are further notes, for cross reference, for explanation of references in the regular text, and for an occasional citation of a relevant court decision. There has been no effort, however, to include any considerable portion of the court rulings under these laws. As a help

to finding decisions relating to the Federal forest laws, the reader is referred to the " Compilation of Public Timber Laws and Regulations and Decisions Thereunder, 1903," and to the "Compilation of Laws, and Regulations and Decisions Thereunder, Relating to the Establishment of Federal Forest Reserves, 1903," both of which pamphlets are published by the Commissioner of the General Land Office. The reader will notice that, instead of the natural arrangement by political divisions, this bulletin is arranged according to subjects of importance to those interested in forestry, such as administration, forest trespass, forest fires, etc. This was done in the belief that it will facilitate the study of any one forest question, without materially delaying the discovery of any special law contained in this compilation.

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CHAPTER I.

CONSTITUTIONAL PROVISIONS.

COLORADO.

CONSTITUTION, ARTICLE XVIII.-Sec. 6. The general assembly Forest tection. shall enact laws in order to prevent the destruction of and to keep in good preservation the forests upon the lands of the state or upon the lands of the public domain, the control of which shall be conferred by Congress upon the state.

Sec. 7. The general assembly may provide that the increase in the value of private lands, caused by the planting of hedges, orchards and forests thereon shall not, for a limited time to be fixed by law, be taken into account in assessing such lands for taxation.

NEBRASKA.

CONSTITUTION, ARTICLE IX.-Sec. 2 (Consecutive section 354). * * * The legislature may provide that the increased value of lands by reason of live fences, fruit and forest trees, grown and cultivated thereon, shall not be taken into account in the assessment thereof.

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NEW YORK.

CONSTITUTION, ARTICLE VII.-Sec. 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.

NOTE.-Lands acquired for the forest preserve, subsequent to the taking effect of the above constitutional provision, can not be taken for railroad purposes.

People v. Adirondack R'y Co., 160 N. Y. 225.

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serve.

Proposed

LAWS OF NEW YORK 1904, PAGE 1934.-Sec. 1. Resolved (if the assembly concur), that section seven of article seven be amended amendment. so as to read as follows:

Sec. 7. Forest Preserve. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands, except as hereinafter provided. They shall not be leased, sold or exchanged, or

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